The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. On March 2, 2014, the summary of the facts charged is as follows: (a) the victim E (a) who was present and became aware of in company with the introduction of the person on the same day at the D drinking house located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-si, Seo-gu; (b) the Defendant stated the victim’s age at 28 years in the indictment; (c) the victim’s age was stated in the bill of indictment. B was thought to have sexual intercourse with his own house or nearby mother.

The Defendant: (a) driven the victim 15 minutes of age by driving the vehicle into the Defendant, and went to the nearby Yancheon-gu, Yancheon-gu, Yancheon-gu; (b) however, the victim was able to see the fact that the victim is going to a place different from the head of the office, and was able to get off the vehicle at the vehicle, and led the victim to sexual intercourse for the purpose of sexual intercourse, from the end of the moment when the victim stops in the future to the time when the victim escaped.

2. Determination

A. The term “inducing” as referred to in Article 288 of the Criminal Act means the act of moving a person into another person under a factual control of his or her own or a third party by having the person escape from his or her free living relationship or protection relationship according to the defective intent by deception or cruel means.

(See Supreme Court Decision 95Do2980 delivered on February 27, 1996, etc.). The term “ factual control” refers to a physical and real control relationship with respect to the person (see, e.g., Supreme Court Decision 98Do690 delivered on May 15, 1998). The term “real control” should be determined by comprehensively taking into account the characteristics of the place where the person is in a factual control, the specific behavior of the person who committed the act to establish or maintain the control relationship, and the situation where the person committed the act before and after it, the time continuity of the real control originally intended by the actor, in particular, whether the actor took the other party under his/her control as a means for another purpose, and the purpose that the actor intended to achieve through a factual control.

B. There is a difference between the Defendant and the Defendant’s house to the victim in this case.